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Home My WebLink About17- Memorandum of Agreement - FPR Properties, LLC - Bozeman to Bridger Mountains Trail �p�B02� PROJECT BOZEMAN TO BRIDGER CITY OF BOZEMAN MOUNTAINS TRAIL Department of Parks and Recreation TOP Program AREL PROJECT#: FHWA MT DOT 86(1) 88 �� P °� C # 025A AND 025B c° MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT Thi MEMORANDUM OF AGREEMENT (the "Agreement") has been reached this I Itl' day of s , 2017, between FPR PROPERTIES, LLC, an Ohio limited liability company, (hereinafter t e "Seller"), and the owner of Tract E of Certificate of Survey No. 1154-A, a parcel of land being a portion of the SE'/4 of Section 28, and the NE'/ of Section 33, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana (hereinafter the "Seller's Property"), and the CITY OF BOZEMAN, a municipal corporation of the State of Montana (hereinafter"Purchaser"), for the purchase by Purchaser from Seller of a certain public use easement with respect to 0.834 acres of the Seller's Property all in accordance with the terms and conditions of a certain Public Use Easement of even date herewith (referred to herein as the "Public Use Easement" or "PUE", with the 0.834 acres of land which are the subject of the PUE being defined in the PUE as "Parcel 025A" and "Parcel 02513"). Except as otherwise provided in the PUE, the amount to be paid, and other considerations to be given, in full satisfaction of this Agreement are as follows: Purchase Price for the Public Use Easement on $ 18,650 Parcels 025A and 02513: Acreage of Parcels 025A and 02513: 0.834* (acres) Reimbursement for Seller's Legal Costs $ 3,500 Total Purchase Price $ 22,150 *See Figure 1 attached Other Conditions: 1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special Assessments for the current year, if due and/or payable, shall be paid by the Seller. 2. This Agreement, together with the PUE, a certain Temporary Construction Easement (the "TCE") and a certain Waiver Valuation-Revised, embody the whole agreement between the parties hereto as it pertains to the subject matter hereof, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or therein. 3. The Seller hereby agrees that the compensation herein provided to be paid (and to be paid in the PUE, TCE and Waiver Valuation-Revised) includes full compensation for the PUE and the interests of its life tenants, remaindermen, reversioners, liens and lessees in the PUE, and any and all other legal and equitable interests in the PUE that are or may be outstanding, and said Seller agrees to discharge the same. 4. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by Seller on the one hand, and the City Manager on behalf of the Department of Parks and Recreation on the other hand said approvals to be evidenced by the parties' respective signatures below). 5. The granting of the PUE and TCE shall be effective upon: (i) Seller's execution and delivery of this Agreement, the PUE, the TCE and the Waiver Valuation-Revised, and (ii) acceptance by Purchaser, evidenced by the execution of this Agreement, the PUE, the TCE and the Waiver Valuation-Revised by the Purchaser and payment of the purchase price. CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025A&025B PROJECT#: FHWA MT DOT 86(1) Page 1 of 2 6. As part of the PUE and TCE, and the construction project described therein, Purchaser agrees, at its sole cost and expense,to do the following: (i)remove from the Seller's Property the existing fence set forth in more detail on Figure 1 attached to this Agreement (the "Existing Fence"); and (ii) purchase, construct and install a new fence at the locations, and in accordance with the specifications, described in more detail on Figure 1 and Figure 2 attached to this Agreement (the "New Fence"). The Seller agrees: (i) it is receiving the New Fence as partial consideration for the Purchaser's removal of the Existing Fence and granting of the PUE and TCE; and (ii)except for the consideration otherwise provided in this Agreement, the PUE, the TCE and the Waiver Valuation-Revised, Seller shall receive no consideration for the removal of the Existing Fence. Of the Purchase Price hereinabove agreed upon, the sum of$22,150.00 shall be paid upon execution and delivery of a good and sufficient Public Use Easement, Temporary Construction Easement, and Waiver Valuation-Revised, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by the Seller with the terms hereof. Disbursement of funds will be made in the following manner: Seller Amount of Payment FPR PROPERTIES, LLC $22,150.00 The Seller certifies that there are no known hazardous materials on Parcel 025A, Parcel 025B, or the real property comprising the TCE, also known as Parcel 025C. The terms of this Agreement are understood and assented to by the parties hereto and payment is to be made in accordance with the above. FPR P C3PERTI ' LLC, an Ohio limited liability company Date: By: Randy Th en Title: Member of FPR Properties, LLC CITY OF BOZEMAN, a municipal corporation of the State of Montana j," Date: By: Prckm ct wvratt City Manager ATTEST: "" OF g 0 2 � ♦ ram{. A-, • ti • y -j *ate: 1 rn l .4 By: Robin Crough City Clerk M188s _.. • CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025A&025B PROJECT#: FHWA MT DOT 86(1) Page 2 of 2 I CURRENT OWNER: FPR PROPERTIES,LLC 181 BRASS LANTERN COURT BOZEMAN,MT 59715 \ \ \ EXISTING PROPERTY LINE \\ \ \\ \\ \\ \ �PARCEL 025CTCE \ \\ \ \\\ NEW TEMPORARY \\\\\\\\\\\\ \\\\\ CONSTRUCTION TION SEMENT EA \\ \\ PARCEL 025A PUE \ \\\\PARCEL 025B PUE \\\\\ \\\ NEW PUBLIC USE \ \\ NEW PUBLIC USE \ \ \ \\ \\\,EASEMENT \ \ \`EASEMENT \\\ \ 'INSTALLAPPROX. 1,510LFNEW \\\\\\\\\\\\\\ \\\EX SOTNG \\\\\ \\ \\ WOOD FENCE .. \\\ \\\\\\\\\\\\\FENCE \\ \\ \ \ \\ jf.►. \ \ BRIDGER CANYON ROAD -�� TRAIL CENTERLINE EXISTING EASEMENT NOTE: NEW ORNAMENTAL GRASS SEED SHALL BE SEEDED ALONG THE NEW FENCE WITH THE PROJECT. REMAINING DISTURBED AREAS SHALL BE SEEDED PER THE MT DOT 86(t)PROJECT SPECIFICATIONS. GALVANIZED CAP— 1;� BEVEL STAINLESS OR 2 BOZEMAN,Mt.FENCE GALVANIZED RING SHANK NAILS i 52 '�` 8x8 POST y MORTISE. "x8" 'SIMPSON' SDWS FASTENER SAME 2' TYPICAL FOR 2 SPEC,AS NOTED AT RAIL CONNECTION, Ea AT EACH POST PROVIDE MINIMUM ONE AT BOTH ENDS Ea OF EACH DIAGONAL TIMBER, It MORTISE DOUBLE-DIPPED GALVANIZED METAL CAP 45' BEVEL - 2 SIDES 96 —4"xb" '51MPSON' SDWS 031(o STAINLESS STEEL FASTENER WITH 4" SHANK,T-40 o 0 4xG o �o DRIVE HEAD,2 " THREAD LENGTH AND DOUBLE-BARRIER COATING (EQUIV.TO DOUBLE DIP GALVANIZED PROTECTION)PROVIDE ONE AT BOTH - co co ENDS OF EACH HORIZONTAL RAIL AND cz +� +6 POSITION ON 'OUTSIDE' FACE OF POST, ALL WOOD TIMBERS SHALL BE *2 -��- -��- SOUTHERN YELLOW PINE,648, TREATED oJLo 4x6 ° ° WITH ACQ AFTER BEING KILN DRIED_ cA FINISH GRADE Rmmmmmmmmmm OUND M VIDE (EMBERSD C60 FOR AFOR BELOW GRADE MEMBERS il t• 2" TOPSOIL COVER OVER CONCRETE 18"� CONCRETE.SLOPE TOP OF CONCRETE I" AWAY FROM POST. -n NOTE: 51DEUALLS OF EXCAVATION MUST BE PLUMB FULL HEIGHT. c COMPONENTS SHALL BE NOTE: NO ALUMINUM PROVIDE 1-COAT GARDNER "BLACK ELEVATION 'v PERMITTED DUE TO THE BEAUTY" ASPHALT FENCE PAINT,OR N AND ALL TREATED 1 POSTS OF THE SCALE: 1/2"=1'-011 EQUAL.SIDES OF POSTUP TO�N15H GRADE TREATED POSTS